Liability in Collisions Between Vessels: Hearings Before the Merchant Marine and Fisheries Subcommittee of the Committee on Commerce, United States Senate, Eighty-seventh Congress, Second Session, on S. 2313, to Unify Apportionment of Liability in Cases of Collision Between Vessels, and Related Casualties; and S. 2314, to Limit the Liability of Shipowners, and for Other PurposesU.S. Government Printing Office, 1962 - 266 sider |
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Side 5
... burden of proving absence of actual fault or privity . SEC . 5. SUBROGATION ; APPORTIONMENT AND DISTRIBUTION OF FUND , REFUND.— A. In each portion of the limitation fund the distribution among the claimants shall be made in proportion ...
... burden of proving absence of actual fault or privity . SEC . 5. SUBROGATION ; APPORTIONMENT AND DISTRIBUTION OF FUND , REFUND.— A. In each portion of the limitation fund the distribution among the claimants shall be made in proportion ...
Side 11
... burden of proving absence of actual fault or privity . These provisions would not change existing U.S. law . The Bureau of the Budget advises there is no objection to the submission of the statement from the standpoint of the administra ...
... burden of proving absence of actual fault or privity . These provisions would not change existing U.S. law . The Bureau of the Budget advises there is no objection to the submission of the statement from the standpoint of the administra ...
Side 26
... burden of going forward with evidence . They are not legal presumptions of fault . The words of the international convention , literally translated , are " legal presumption " , used by its draftsmen in the familiar sense of article ...
... burden of going forward with evidence . They are not legal presumptions of fault . The words of the international convention , literally translated , are " legal presumption " , used by its draftsmen in the familiar sense of article ...
Side 28
... burden of the collision upon the owner of the hit - and - run vessel . The rule is a shocking one , and has almost never been applied , with the result that shipmasters who should have been held at fault under the criminal provi- sions ...
... burden of the collision upon the owner of the hit - and - run vessel . The rule is a shocking one , and has almost never been applied , with the result that shipmasters who should have been held at fault under the criminal provi- sions ...
Side 38
... burden of proof to sustain . The adoption of the convention by England and France has ter- minated the presumptions in those countries . ( 3 ) In a both - to - blame collision , the law of the United States divides the liability for ...
... burden of proof to sustain . The adoption of the convention by England and France has ter- minated the presumptions in those countries . ( 3 ) In a both - to - blame collision , the law of the United States divides the liability for ...
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1957 convention actual fault admiralty admiralty courts admiralty law adopted American claimants American law American Merchant Marine American shipowners amount Andrea Doria apply benefit cargo owners carrying vessel casualty Chairman charterer Collision Convention committee Congress constituted crew damages death claimants degree of fault delegation draft enacted entitled to limit fault or privity favor FREEDMAN Haight Harter Act injury and death Jones Act jurisdiction Justice lex fori limit liability limitation fund limitation of liability limitation proceeding limitation statutes litigation loss Maritime Administration Maritime Law Association maritime nations matter MATTESON Merchant Marine Institute negligence noncarrying vessel operators personal injury presumptions of fault principle provisions question ratification recovery representatives res ipsa loquitur respect result right to limit Sea Act seagoing Senator BARTLETT ship shipowner's shipowners SINGMAN statement statutory subrogation Supreme Court tion tonnage U.S. Senate underwriters United vention vessel owner